Based on the movie, Pacific Heights, the landlords had very limited rights. Even though it was their building, they could not get rid of a tenant any way they wanted to. The tenant was not given proper permission to move into the apartment, but because he already took residence there, he was now the occupant of that apartment and only legal action could be taken to remove him.
As the owner, turning off utilities is illegal, because tenants, though illegally occupying the property, have a right to necessities to survive, like heat and water.
The landlord has to go through the routine of serving the tenant with notices of eviction, giving reasonable time to vacate. They can legally evict someone on the grounds of; non-payment of rent, disturbing other tenants, destroying property, or anything that does not coincide with the terms of the lease.
After they have been served and taken to court for eviction, if granted on the legal terms, the landlord would then have to take them back to court and sue for the balance of rent owed, damages to the property, or any other wrongs done while the tenant had occupancy of the apartment.
Rights for the landlord are tricky, such person has to still be hospitable as not to harass the tenant they are trying to evict.
It is important to check references and do a background check on any prospective tenants before granting them permission to take residence on your property. State specific requirements on the lease, as this will be a good form of legal document incase problems arise later.
Tenants can be a real hassle, but landlords have their part to play, both to cover themselves and to ensure that the tenant is comfortable within reason.
Wednesday, August 26, 2009
Gonzales v. Planned Parenthood
This case is on partial- birth abortions. Partial birth abortion is the killing of the fetus after any part from the head to the navel is already outside of the mother.
In 2003, Congress passed and the President signed the Partial-Birth Abortion Ban Act. The controversial concept of partial-birth abortion is defined in the Act as any abortion in which the death of the fetus occurs when "the entire fetal head [...] or [...] any part of the fetal trunk past the navel is outside the body of the mother."
The case Roe v. Wade was used as precedent for this trial.
It was decided that this was indeed unconstitutional and banned.
Docket No.:
05-1382
Petitioner:
Alberto R. Gonzales, Attorney General
Respondent:
Planned Parenthood Federation of America, Inc., et al.
Decided By:
Roberts Court (2006-2009)
Opinion:
550 U.S. ___ (2007)
Granted:
Monday, June 19, 2006
Argued:
Wednesday, November 8, 2006
Decided:
Wednesday, April 18, 2007
Source: The Oyez Project, Gonzales v. Planned Parenthood , 550 U.S. ___ (2007) available at: (http://www.oyez.org/cases/2000-2009/2006/2006_05_1382)
This case is on partial- birth abortions. Partial birth abortion is the killing of the fetus after any part from the head to the navel is already outside of the mother.
In 2003, Congress passed and the President signed the Partial-Birth Abortion Ban Act. The controversial concept of partial-birth abortion is defined in the Act as any abortion in which the death of the fetus occurs when "the entire fetal head [...] or [...] any part of the fetal trunk past the navel is outside the body of the mother."
The case Roe v. Wade was used as precedent for this trial.
It was decided that this was indeed unconstitutional and banned.
Docket No.:
05-1382
Petitioner:
Alberto R. Gonzales, Attorney General
Respondent:
Planned Parenthood Federation of America, Inc., et al.
Decided By:
Roberts Court (2006-2009)
Opinion:
550 U.S. ___ (2007)
Granted:
Monday, June 19, 2006
Argued:
Wednesday, November 8, 2006
Decided:
Wednesday, April 18, 2007
Source: The Oyez Project, Gonzales v. Planned Parenthood , 550 U.S. ___ (2007) available at: (http://www.oyez.org/cases/2000-2009/2006/2006_05_1382)
Wednesday, August 19, 2009
Greed is good?
It is said in the movie, WALL STREET, that “Greed is Good.” Well, is that true? I don’t believe that. It is explained that it is good because the more you have the more you yet desire, greed is gluttony. Wanting too much of any one thing, whether or not it is money, is a very bad thing. When is enough, truly enough?
For a person to take this notion into reality, they would usually do anything for their personal gain. Anything, including robbing people of their hard earnings for themselves. Take the workers on Wall Street for instance, they were robbed of their earned bonuses so that the managers and team leaders could have there’s more abundantly, how unfair is it that you work so hard for a company and then have the upper-class men strip you of what you’ve been working for?
Company leaders and owners hardly ever take into consideration the little people. You pour your heart and soul into your job and before you know it, you have two weeks to find another job because the company is closing. The Managers and CEOs carefully strategize to grab their winnings and ignore the fact that hundreds and thousands of people are going to be out of work. They close the company, file bankruptcy, and what they are truly doing is taking their money out of the company before it goes under and they won’t have to lose anything. Meanwhile, the employees lose their benefits and bonuses and no one seems to care. We need to care more about our fellow men; otherwise, change will never happen.
If I were to make “A WHACK ‘EM DOLL,” it would be of the CEO of the company that I recently worked for. The similar thing happened, they were an LLC before said genius decided to go cooperate. Now I’m currently unemployed along with 728 other employees due to company closure. Thanks. I want to whack him with a mallet!
For a person to take this notion into reality, they would usually do anything for their personal gain. Anything, including robbing people of their hard earnings for themselves. Take the workers on Wall Street for instance, they were robbed of their earned bonuses so that the managers and team leaders could have there’s more abundantly, how unfair is it that you work so hard for a company and then have the upper-class men strip you of what you’ve been working for?
Company leaders and owners hardly ever take into consideration the little people. You pour your heart and soul into your job and before you know it, you have two weeks to find another job because the company is closing. The Managers and CEOs carefully strategize to grab their winnings and ignore the fact that hundreds and thousands of people are going to be out of work. They close the company, file bankruptcy, and what they are truly doing is taking their money out of the company before it goes under and they won’t have to lose anything. Meanwhile, the employees lose their benefits and bonuses and no one seems to care. We need to care more about our fellow men; otherwise, change will never happen.
If I were to make “A WHACK ‘EM DOLL,” it would be of the CEO of the company that I recently worked for. The similar thing happened, they were an LLC before said genius decided to go cooperate. Now I’m currently unemployed along with 728 other employees due to company closure. Thanks. I want to whack him with a mallet!
Wednesday, August 12, 2009
What my classmates think of the Legal System
This week I read my fellow-classmates blogs on what they thought of the legal system. Their thoughts were very interesting, they had some strong opinions, while others just merely stated what they have heard.
Here I have chosen three that I would like to comment on:
“But based on what I have seen since I got here, I think that the legal systems tend to make small situations, extremely big situations for no reason and both parties could save money, if they left out some of the unnecessary procedures.” (Najbicz, Tristan http://safadrafting.blogspot.com/)
This is solely a matter of opinion, it depends on what each person deem as necessary versus unnecessary. Though Tristan further in his blog explains this, I must say, the government is doing what they think is right and necessary for non-immigrants in the U.S.
“I think that the legal system is the entity that holds the power to keep things in order in our everyday life, which is necessary for a civilized society. Just as it says in the book.” (Perez, Angel L. http://alperez322.blogspot.com/)
I believe in this as well, Angel makes a good point here. The system does in fact keep things in order, even though through our eyes at times it may seem a little over the top, but it is for the benefit of our society. Everything is fine, until something happens to us.
“I strongly believe that there’s a lack of moral values and as people we get so caught up trying to do everything the easy way because god forbid we have to work hard for anything. That we throw our morals right out the window, doing anything to make a quick buck or to be head of the committee.” (Hernandez, Jaqueline http://fashionvsstyle-jackie.blogspot.com/)
While I admit that there is a lack of morality, the society can create its own monsters. Bad things happen to good people. Though we should never compromise our morals, who are we to judge?
Here I have chosen three that I would like to comment on:
“But based on what I have seen since I got here, I think that the legal systems tend to make small situations, extremely big situations for no reason and both parties could save money, if they left out some of the unnecessary procedures.” (Najbicz, Tristan http://safadrafting.blogspot.com/)
This is solely a matter of opinion, it depends on what each person deem as necessary versus unnecessary. Though Tristan further in his blog explains this, I must say, the government is doing what they think is right and necessary for non-immigrants in the U.S.
“I think that the legal system is the entity that holds the power to keep things in order in our everyday life, which is necessary for a civilized society. Just as it says in the book.” (Perez, Angel L. http://alperez322.blogspot.com/)
I believe in this as well, Angel makes a good point here. The system does in fact keep things in order, even though through our eyes at times it may seem a little over the top, but it is for the benefit of our society. Everything is fine, until something happens to us.
“I strongly believe that there’s a lack of moral values and as people we get so caught up trying to do everything the easy way because god forbid we have to work hard for anything. That we throw our morals right out the window, doing anything to make a quick buck or to be head of the committee.” (Hernandez, Jaqueline http://fashionvsstyle-jackie.blogspot.com/)
While I admit that there is a lack of morality, the society can create its own monsters. Bad things happen to good people. Though we should never compromise our morals, who are we to judge?
Wednesday, August 5, 2009
Used Cars- Crimes and Torts
Crimes
1. Assault- the guy accuses the kurt Russell things he might not have done
2. Battery- the guy in the bar slaps him and the guy fights him back
3. Fraud- Tampering with videotape
4. Illegal Gambling- betting on sports games
5. Bribery of a Public Official- while they were in the car
6. Bribery of the Attorney- other lawyer bribed others in the room
7. Obstruction of the Courtroom- disrupting the court, coming in late
8. Perjury- the girl lied under oath
9. Sexual harassment- the guy who sold the cars, grabbed the girls boob
10. Speeding- driving over the speed limit
11. Reckless driving-
12. Drug Dealing- on with the reefer
13. Unlicensed drivers
14. Driving on the the wrong side of the road
15. No registration/insurance
16. Illegal weapons/
17. Attempted assault with a deadly weapon
18. Battery with the chain when he was whipping him
19. Kidnapping/hostage- while that old man jumped on the car
20. Trespassing on private property- driving offroad
21. Driving on the shoulder
22. Cutting the car off the tow truck
23. Crossing a railroad crossing with a train in motion
24. Knowingly falsifying information to make a sale
25. Didn’t yield to the intersection while driving on the way to the lot
26. Speeding in a construction zone
27. Knowingly crashed through a police barricade
28. Damaging to federal (police) property
29. Leaving the scene of the crime
30. Jaywalking- in the end the guy who hates driving red cars
Torts
1. Damaging private property- in the bar, the guy threw the chair at the bar mirror
2. Damaging Private property- taking the girls umbrella, ruining their dinner
3. Cutting the car off the tow truck
4. Slander- accusing the judge of being crooked/ taking bribes
5. Violating the people’s dinner at the bar
6. Violation of personal property- tampering with tow truck
7. Violation of private property- letting the car loose
8. Damaging the car lot- kids crashing through warehouses
Group members - David Resto, Andrew Veliz, Richmond Pham, Stacia Woody
1. Assault- the guy accuses the kurt Russell things he might not have done
2. Battery- the guy in the bar slaps him and the guy fights him back
3. Fraud- Tampering with videotape
4. Illegal Gambling- betting on sports games
5. Bribery of a Public Official- while they were in the car
6. Bribery of the Attorney- other lawyer bribed others in the room
7. Obstruction of the Courtroom- disrupting the court, coming in late
8. Perjury- the girl lied under oath
9. Sexual harassment- the guy who sold the cars, grabbed the girls boob
10. Speeding- driving over the speed limit
11. Reckless driving-
12. Drug Dealing- on with the reefer
13. Unlicensed drivers
14. Driving on the the wrong side of the road
15. No registration/insurance
16. Illegal weapons/
17. Attempted assault with a deadly weapon
18. Battery with the chain when he was whipping him
19. Kidnapping/hostage- while that old man jumped on the car
20. Trespassing on private property- driving offroad
21. Driving on the shoulder
22. Cutting the car off the tow truck
23. Crossing a railroad crossing with a train in motion
24. Knowingly falsifying information to make a sale
25. Didn’t yield to the intersection while driving on the way to the lot
26. Speeding in a construction zone
27. Knowingly crashed through a police barricade
28. Damaging to federal (police) property
29. Leaving the scene of the crime
30. Jaywalking- in the end the guy who hates driving red cars
Torts
1. Damaging private property- in the bar, the guy threw the chair at the bar mirror
2. Damaging Private property- taking the girls umbrella, ruining their dinner
3. Cutting the car off the tow truck
4. Slander- accusing the judge of being crooked/ taking bribes
5. Violating the people’s dinner at the bar
6. Violation of personal property- tampering with tow truck
7. Violation of private property- letting the car loose
8. Damaging the car lot- kids crashing through warehouses
Group members - David Resto, Andrew Veliz, Richmond Pham, Stacia Woody
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